If this is your first visit, be sure to
check out the FAQ by clicking the
link above. You may have to register
before you can post: click the register link above to proceed. To start viewing messages,
select the forum that you want to visit from the selection below.

Un employment appeal, I abandoned my job North Carolina

08-04-2017, 08:10 PM

Have a appeal coming up next week. Wanting to know if I should repesent myself or what things I point out on my claim to prove that my former employer is in the wrong. I left work early Friday, came back on Monday. HR said I abandoned my job, I had doctor's note, never said I quit

There is almost never any reason to use an attorney in a UI hearing. These are designed for self representation. If you do nothing else. LISTEN to the hearing officer. Answer questions as asked. Do not talk until/unless invited. Do not argue. Wait your turn. If you want to make sure that you lose, piss off the hearing officer. The person who talks the most, loses.

If you have documentation, make extra copies. One for the hearing officer and one for your former employer. Do not try to hand them out until the hearing officer says so.

Comment

was the group leader the one that has the authority to approve you leaving early (for whatever reason)? Was that who you were supposed to request the timeoff from? Did you follow company policy to ask to leave early? Telling is not the same as requesting permission....If you left early without permission from the right person, that could be considered job abandonment, even if you went to the doctor.

None of the other details you posted will matter for unemployment reasons. Different place, different job duties, etc are not protected.

Why do you feel it was a hostile work environment? What protected characteristic/reason do you feel was being affected? And you need to prove that the ONLY reason for it was due to a protected characteristic. And that is an EEOC matter, not a UI matter.

Comment

FYI, the term, "hostile work environment" has a very specific meaning in employment law. It does not mean that people were unfriendly, mad at you, or did not behave the way you wanted them to behave. It does not mean that there were repercussions for actions you took that the company disagreed with. It means that you were being subjected to illegal harassment and/or discrimination on the basis of a characteristic protected by law.

Outside of a FMLA or possibly and ADA situation, a doctor's note has as much authority as a note from me would.

Telling the group leader that you needed to leave is not the same thing as having permission to leave. So I ask you again, did someone in authority, meaning your immediate manager or someone above him/her in the chain of command, or alternately someone in HR, expressly approve your leaving early? And by that I mean someone with the authority to do so saying expressly, "Yes, RN2010, it is permissible for you to leave at xx:xx on xx/xx/2017 instead of at the end of your shift"?

FYI, we're not beating up on you. You're asking for tips on how to prove the employer was wrong - before we can do that we have to be certain that the employer WAS wrong, which is not clear yet. If you were the one who is wrong and not the employer, you'll want different tips for your appeal than you would in reverse. So we're getting to what you asked for, even if not directly.

Comment

He said okay. Group leader was highest athority during that time. He ask is there anything he can do. I told him I had shoulder pain, and I felt descimated. He said how? Me and a black girl had a altercation earlier that morning. Witch they were aware of, I told him that I just was uncomfortable. He ask what can I do? I told him" send me back to my original building I been for a a year doing the job I was hired to do. He told me he doesn't make that decision. I ask, how many points am I allowed."point system" he said 26. I told him I have few points to spare, I think it's best I leave. He said okay. I left went to doctor, told him what happened and he wrote me note for 3 days. Went back to work. Also called hour prior to every day that I was out, let them know again I have doctors note. Day I went back, hr confronted me, told me I was terminated for abandoned my job. She sent my termination letter that Friday I left.

Comment

He said okay. Group leader was highest athority during that time. He ask is there anything he can do. I told him I had shoulder pain, and I felt descimated. He said how? Me and a black girl had a altercation earlier that morning. Witch they were aware of, I told him that I just was uncomfortable. He ask what can I do? I told him" send me back to my original building I been for a a year doing the job I was hired to do. He told me he doesn't make that decision. I ask, how many points am I allowed."point system" he said 26. I told him I have few points to spare, I think it's best I leave. He said okay. I left went to doctor, told him what happened and he wrote me note for 3 days. Went back to work. Also called hour prior to every day that I was out, let them know again I have doctors note. Day I went back, hr confronted me, told me I was terminated for abandoned my job. She sent my termination letter that Friday I left.

Doctor note, proof I text message team leader to ask for advice on how to turn doctor note in nurse. Being in different job placement and different location

Comment

Frankly, it sounds like you abandoned your job. You didn't leave because you had a doctor's appointment for which you had permission to leave work early. You were upset about an altercation of some kind with a coworker (?), asked to be reassigned, had already racked up a number of points and still decided to leave. That you chose to see a doctor during the time you would otherwise be working is immaterial. Your employer can't hold you hostage, so acknowledging your desire to leave means little as that doesn't mean they have to allow you to leave whenever you choose free of consequences.

I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation. Please note that some of our forums also serve as mirrors to Usenet newsgroups. Many posts you see on our forums are made by newsgroup users who may not be members of LaborLawTalk.com